DJH715

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Everything posted by DJH715

  1. Thanks Shelli, BV and CN for all your help! I will let everyone know how this goes. I'm hoping when I send my answers and my Discovery that they will realize that I'm going to fight them and they will just not answer my discovery. When they don't answer after 30 days I will send a certified letter asking them to answer and if after 30 days they don't answer still I will file a motion to dismiss with prejudice for lack of evidence. Crossing fingers!
  2. Discovery and Production of Documents Web.pdf Here are my Discovery questions and request for Documents that I have come up with so far. I have 10 Interrogatories and 9 Request for Documents. I need help I want to have alot more so its not easy for them. I've attached what I have so far. Any help would be greatly appreciated on what else I can ask for. Thanks all for what you've done. I can request up to 35 of each.
  3. Answer to Interrogatories Website .pdfShelli and BV I've finished typing up my answers to the Interrogatories and Request for Documents. I'm going to try and upload the pdf file. Please let me know if everything looks good or if I need to change something.
  4. Thanks BV I will do that. I want to show that they have nothing that establishes I have a debt with them.
  5. In August 2010 when I received the first collection letter from the attorney's office for their client PRA, I had no clue who this company was. They didn't even reference anything about GE Money Bank or Walmart or any account number, etc. only PRA and I supposedly owed $38XX to them. I had never heard of this company who is now asking me for $38XX. I wrote a DV letter right away and sent it CMRRR asking who they were and that I wanted copies of any documentation of what debt was owed to them, and how this amount was calculated and proof of ownership. I received a letter back only stating the original creditor was GE Money Bank - Walmart card and an address. Nothing else and still no account number. I wrote back again asking for validation again and referenced my original DV letter and once again asked for more proof which I sent CMRRR. Received nothing and then served with petition the next month by sheriff. Every year since in February, I receive a collection letter stating if I'm due a tax refund to call and try to settle my account with them. They continue to computer call my home trying to collect for the past 3 years. Prior to August 2010 I had not received one document from Precision Analytics and I'm wondering if the attorney's office (who is nationwide) doesn't in fact own the JDB. They have never given me any documents. The only thing I get from them are collection letters and now the Discovery/Documentation request.
  6. Sure BV80 Petition on Suit on Open Account The petition of Precision Recovery Analytics, Inc. organized and doing business under the laws of the State of Texas shows: 1. [Name], and individual of the full age of majority, domiciled in the City of Slidell, State of Louisiana, is indebted unto Prescision Recovery Analytics, Inc. for the amount of $3,887.67 plus attorneys fees, interest, and the cost of these proceedings as more particularly set forth herein. 2. [Name] entered into an agreement with PRA (i'll abbreviate from now on) or its assignor whereby defendant was/were granted the right to obtain goods or services on open account through the use of a credit card. The original creditor is GE Money Bank Walmart Card. The agreement between the parties was further perfected by use of the credit card issued to defendant. 3. [Name] personally or through his or her authorized representative subsequently contracted for sales on open account and acquired goods and services on open account. 4. [Name] breached the Agreement by failing to make payments due on the Account pursuant to the terms of the Agreement. 5. PRA has met all requisites of LRS 9:2781 and the contract between the parties and is due attorney's fees for the prosecution and collection of this claim. Its is respectfully submitted that 25% is a minimum reasonable attorney's fee. 6. After all payments or credits the balance due, notwithstanding amicable demand is $3,887.67. Wherefore petitioner prays for Judgment herein in favor of PRA and against defendant [Name] in the full sum of $3,887.67 plus legal interest from date of judicial demand, a minimum of 25% attorney's fees on the aggregate of principal and interest, for all cost of this suit and for all general and equitable relief. [Attorney's Name & Address etc. This was served with Requests for Admission of Facts by the Sheriff's office. I answered the Petition where I acknowledged where I lives and lacked the knowledge or information to the truth of the allegation. I also stated my defenses and answered the Admission of Facts and filed these with the court.
  7. Thanks Shelli, I will keep you posted on how this goes. Did you see my post about documentation answers #7 & #8 if I need to send copies to them or not.
  8. Oh by the way, in the original petition and any correspondence they have sent me they only reference their file number and never have referenced any account number supposedly that I had with GE Money. I don't think they even know a number.
  9. Yes I don't think this JDB that is suing me is the first one this supposed debt was sold to. There may be others before them, so they will need to get a complete chain of sales from Original creditor up until they bought the supposed debt. Is that the Bill of Sale that you are referring to?
  10. And thank you, thank you, thank you. I appreciate all your hard work and can't wait to send this back showing them that I will not fight back.
  11. #7 & #8 requests documents to or from any party (not just GE Money) regarding the subject of this lawsuit. I did send a DV letter to this attorney's office on September 7,2010 prior to them filing suit when I first heard of this JDB saying I owed them money. I sent that letter certified mail and received a response from the attorney's office on October 5, 2010 not answering my questions and only saying the original creditor was GE Money. I then sent another DV letter on October 11, 2010 stating that they did not validate the debt by sending me a copies of documents showing that Precision owned this debt. So do I need to send them those copies since that is correspondence to "any party" regarding the subject of this lawsuit? Are they trying to catch me not telling the truth? They should have those documents since they were sent to them to validate the debt
  12. Goodness, Thank you so much Shellie!!!!!!!! I'm going to type these up tomorrow. What do I put for the production of documents?
  13. Thanks Nascar for your response and link. I think I have 30 days to answer since I am the defendant and not just a party. That's if I'm reading Article 1458 correctly. I will use the date of the letter as a safe guard and not the date I received it. The discovery did come by regular u.s. mail non certified. I'm just trying to figure out how to word my objection to giving them my social security number, date of birth, employment information, spouse's same info and bank information. I feel this is priviledged information since they have not proven they even own this debt and I have to contract with them. Also if I did have a contract with them they would have already had this information on file. If the court rules in their favor and they obtain a Judgment then I will be compelled to give them this information but not before. Am I correct in this assumption?
  14. Limit is 35 questions and document requests. Thanks so much for your help. November 8th will be 3 years since they filed their suit. SOL was 9/9/2009 but they filed suit in 2010 to preserve the SOL. From what I understand this request from them for Discovery is to keep their suit from being abandoned for non activity over the past 3 years. After I send them my answers and request discovery from them, what happens if they do not answer my request. If after 30 days they do not respond do I then have to send a letter requesting they cooperate and if still no response do I have to file with the courts a Motion to Compel? If they don't comply with that motion will I then be able to motion the court to dismiss the case with prejudice? I would like to make sure I know the processes that I will need to do to get this thing thrown out. I doubt they can produce any documents showing that they own this debt.
  15. Plaintiff's First Discovery Request to Defendant Now into Court, through undersigned counsel, comes Plaintiff, Precision Recovery Analytics, Inc., who requests that Defendant respond to the following discovery requests within the time allowed under the Code or Rules of Civil Procedure. These discovery requests are continuing and Plaintiff requests that Defendant supplement and amend the responses if further information is obtained. Then Definitions are spelled out Interrogatories: 1. State your name, address, date of birth, place of employment and Social Security number. If you object to this interrogatory or any portion of the interrogatory, please state the specific details of your objection, and respond fully to any portion of the interrogatory to which you do not object. (This line is repeated in every question asked so I won't add to each of the following) 2. Please state your spouse's name, address, date of birth, place of employment, and social security number. 3. Please state whether you opened, or authorized to be opened, the GE Money Bank Walmart Credit Card account which is the subject of this lawsuit. 4. Please state whether you made charges, or authorized any charges to be made on the GE Money Bank Walmart Credit card account, which is the subject of this lawsuit. 5. Please identify every payment made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit. 6. If you assert that the balance sued upon is incorrect, state the amount you calculate is due, and state the facts that form the basis of your assertion. Further, provide your calculations in your response. 7. Please identify every bank account utilized by you to pay our personal bills from November 11, 2007 to the date of your response to these discovery requests. 8. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses, or basis of dismissal, please state the facts that form the basis of each Exception, Affirmative Defense, or basis of dismissal. 9. Please identify any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 10. Please identify any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 11. Please identify every dispute you have made on the account, which is the subject of this lawsuit. Specify the date you became aware of the issue you are disputing, the reason for your dispute, the amount disputed, how you made the dispute, the date which you made the dispute, the outcome of the dispute, and the amount of any credit you claim is due. 12. Please identify any and all evidence that you intend to utilize and/or introduce into evidence at trial. 13. Please identify and and all witnesses you intend to call at trial or at any hearing in this matter. Describe the indended testimony for each. Request for Documentation: 1. Please produce any and all documentation evidencing the existence of the GE Money Bank Walmard Credit Card account, which is the subject of this lawsuit, including but not limited to the application, terms and conditions, amendments, card member agreements, statements, communications, letters of dispute, privacy notices, credit reports, financial statements, credit applicationis, and any other item that proves or disproves the account's existence and balance due. 2. Please produce any and all sales receipts or similar records evidencing charges on and/or credits made to the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit. 3. Please produce any and all evidence of payments made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit, but not limited to, bank statements, bank account registers, cancelled checks, money order receipts, and any other forms of payment or evidence thereof. 4. Please produce any evidence demonstrating that the amount you claim is due is correct, and/or that the balance sued upon is correct. 5. Please produce a copy of all statements, account registers, and copies of cancelled checks for the bank accounts identified in you answer to Interrogatory #7, with the time frame identified in Interrogatory #7. 6. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses or basis of dismissal, please produce any and all documents that form the basis of each Exception, Affirmative Defense, or basis of dismissal. 7. Please produce any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account which is the subject of this lawsuit. 8. Please produce any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 9. Please produce any and all documents evidencing every dispute you have made on the account, which is the subject of this lawsuit, and that forms the basis of any statement you made in your response to Interrogatory #11. 10. Please produce any and all documents you intend to utilize at and/or introduce into evidence at trial. 11. Please produce any and all documents which assisted you in answering the Interrogatories in this matter. I have a real problem giving these people my private information especially where I work, date of birth and Social Security # along with my wifes name and private information. They have not obtained a Judgment yet but want this information. Do I have to supply this information? Also I find it funny that they are asking for me to tell them and give them proof of any debt with GE Money Bank Walmart Card and that is not who is suing me. I don't have any of the documentation they are requesting. The only documentation I do have is a copy of two DV letters I sent back in 2010 when I first received a colleciton letter from this company. They did not respond to my questions of proving the debt back then only stated that the debit was for GE Money Bank Walmart. No other information or documentation and then I receive a lawsuit right after my DV letter. I would like to know if once they filed suit against me back in 2010 if collection efforts on their part needed to cease. They have sent me letters trying to collect the debt for the past 2 1/2 years and I have kept these letters. They have been calling via computer for the past 2 1/2 years also. Can they do this? I appreciate all the help anyone can give on how to anwser these Interrogatories and Document requests in the proper manner. Do I need to send the answers back by Certified Mail along with my request for Discovery so that I can document that I answered in a timely fashion?
  16. Thanks so much Shellih98. I appreciate your help. I definitly want to make them produce in my Discovery a copy of a document where they purchased the debt from GE Money Bank and how much they paid for that debt along with a breakdown of what is supposedly owed. I doubt they can produce that but I'm not about to let this company get a Judgment against me and not show proof that I OWE them and not GE Money Bank.
  17. I sent first DV letter and all they sent back was GE Money Bank Walmart as the original creditor and the address. I had asked for validation/proof of this debt and validation of the amount that they said was owed and how they arrived at the balance. I did not recieve any such proof. I then wrote another DV letter in response to their letter and requested this proof once again and have received nothing. Next thing I know I am served with a petition where they filed a lawsuit in November 2010 so I answered their petition and filed that with the courts. Since then I have periodically received letters every February saying I could settle the account with my tax refund. They telephone once a week or so also. Nothing was ever done with the lawsuit until today I received the Discovery/Interrogatories just to keep the suit alive with the courts since the 3 year mark is coming due in November.
  18. Plaintiff's First Discovery Request to Defendant Now into Court, through undersigned counsel, comes Plaintiff, Precision Recovery Analytics, Inc., who requests that Defendant respond to the following discovery requests within the time allowed under the Code or Rules of Civil Procedure. These discovery requests are continuing and Plaintiff requests that Defendant supplement and amend the responses if further information is obtained. Then Definitions are spelled out Interrogatories: 1. State your name, address, date of birth, place of employment and Social Security number. If you object to this interrogatory or any portion of the interrogatory, please state the specific details of your objection, and respond fully to any portion of the interrogatory to which you do not object. (This line is repeated in every question asked so I won't add to each of the following) 2. Please state your spouse's name, address, date of birth, place of employment, and social security number. 3. Please state whether you opened, or authorized to be opened, the GE Money Bank Walmart Credit Card account which is the subject of this lawsuit. 4. Please state whether you made charges, or authorized any charges to be made on the GE Money Bank Walmart Credit card account, which is the subject of this lawsuit. 5. Please identify every payment made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit. 6. If you assert that the balance sued upon is incorrect, state the amount you calculate is due, and state the facts that form the basis of your assertion. Further, provide your calculations in your response. 7. Please identify every bank account utilized by you to pay our personal bills from November 11, 2007 to the date of your response to these discovery requests. 8. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses, or basis of dismissal, please state the facts that form the basis of each Exception, Affirmative Defense, or basis of dismissal. 9. Please identify any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 10. Please identify any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 11. Please identify every dispute you have made on the account, which is the subject of this lawsuit. Specify the date you became aware of the issue you are disputing, the reason for your dispute, the amount disputed, how you made the dispute, the date which you made the dispute, the outcome of the dispute, and the amount of any credit you claim is due. 12. Please identify any and all evidence that you intend to utilize and/or introduce into evidence at trial. 13. Please identify and and all witnesses you intend to call at trial or at any hearing in this matter. Describe the indended testimony for each. Request for Documentation: 1. Please produce any and all documentation evidencing the existence of the GE Money Bank Walmard Credit Card account, which is the subject of this lawsuit, including but not limited to the application, terms and conditions, amendments, card member agreements, statements, communications, letters of dispute, privacy notices, credit reports, financial statements, credit applicationis, and any other item that proves or disproves the account's existence and balance due. 2. Please produce any and all sales receipts or similar records evidencing charges on and/or credits made to the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit. 3. Please produce any and all evidence of payments made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit, but not limited to, bank statements, bank account registers, cancelled checks, money order receipts, and any other forms of payment or evidence thereof. 4. Please produce any evidence demonstrating that the amount you claim is due is correct, and/or that the balance sued upon is correct. 5. Please produce a copy of all statements, account registers, and copies of cancelled checks for the bank accounts identified in you answer to Interrogatory #7, with the time frame identified in Interrogatory #7. 6. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses or basis of dismissal, please produce any and all documents that form the basis of each Exception, Affirmative Defense, or basis of dismissal. 7. Please produce any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account which is the subject of this lawsuit. 8. Please produce any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 9. Please produce any and all documents evidencing every dispute you have made on the account, which is the subject of this lawsuit, and that forms the basis of any statement you made in your response to Interrogatory #11. 10. Please produce any and all documents you intend to utilize at and/or introduce into evidence at trial. 11. Please produce any and all documents which assisted you in answering the Interrogatories in this matter. I have a real problem giving these people my private information especially where I work, date of birth and Social Security # along with my wifes name and private information. They have not obtained a Judgment yet but want this information. Do I have to supply this information? Also I find it funny that they are asking for me to tell them and give them proof of any debt with GE Money Bank Walmart Card and that is not who is suing me. I don't have any of the documentation they are requesting. The only documentation I do have is a copy of two DV letters I sent back in 2010 when I first received a colleciton letter from this company. They did not respond to my questions of proving the debt back then only stated that the debit was for GE Money Bank Walmart. No other information or documentation and then I receive a lawsuit right after my DV letter. I would like to know if once they filed suit against me back in 2010 if collection efforts on their part needed to cease. They have sent me letters trying to collect the debt for the past 2 1/2 years and I have kept these letters. They have been calling via computer for the past 2 1/2 years also. Can they do this? I appreciate all the help anyone can give on how to anwser these Interrogatories and Document requests in the proper manner. Do I need to send the answers back by Certified Mail along with my request for Discovery so that I can document that I answered in a timely fashion?
  19. Yes I want to answer but want to protect myself. They are basically asking me to prove their case in these questions. This is a JDB that is suing me and I don't think they can show proof that they purchased the debt from GE Credit. They have filed the suit under their name and not GE Credit and when I answered the petition almost 3 years ago I stated I had no contract with the JDB and had never heard of them. I will post the Interrogatories and Document request that they are asking for and hope you can help with the answers. Then I also would like to send them a First Discovery Request of my own to force them to show documents. Your help will be greatly appreciated.
  20. Thanks BV you are correct. I checked my states Civil Procedures and they are filing these Interrogatories just to keep the case alive. November will make the 3 year mark.
  21. I was served in Slidell, Louisiana November 2010 with a Petition in Suit on Open Account and served by the court with Precision Recovery Analytics as the Plaintiff. I had 10 days to answer the petition which I did and filed the petition with the courts a few days after being served. I also included my defenses to the petition and denied all allegations. The plaintiff is evidently a Junk Debt agency so I stated I had never heard of them and had no dealings with them. I also stated in my defenses that I had never entered into any contractual arrangement with them and that the plaintiff provided me with no reliable, credible, or admissible sworn statement or other evidence to the accuracy or validity of the debt. (I did a DV by certified mail 2 months prior to them filing suit and they sent me nothing). Periodically since that date I have received from the attorney that filed the suit, standard collection letters trying to collect on the debt (which I have kept). Now today I receive in the mail (NOT by certified mail) a letter from the attorney stating that enclosed is the Plaintiff's First Discovery Request and that I return my responses within the time delays allowed by law. This was not served by the court just regular mail. I assumed this case was over since I hadn't heard anything for almost 3 years now. My questions are as follows: 1. How long can a case just sit in limbo with the courts with nothing happening? I answered in November 2010 their questions on the petition and never heard a thing back from the courts. The clerk's office told me they would send the Plaintiff a copy of my Answer to their suit. 2. Do I need to answer this Discovery? Or is this a ploy to get my Social Security number, place of employment, etc. 3. In this Discovery they want me to give them copies of any documents received from GE Credit, copies of payment checks, etc. They should be supplying me with copies. I stated that in my Defenses in 2010. Any help would be deeply appreciated. I don't want to let this slip by and they receive a Judgment by Default for my failure to reply if necessary. I want to fight this case. Scratching my head in Louisiana!